He who is in the womb is considered as born, whenever his benefit is concerned.

Explanation

A child conceived but not yet born is treated as already alive for purposes of inheritance — the law protects his right from the moment of conception.

Where this applies

• My wife is pregnant and her father just died — does the unborn baby have inheritance rights?
• Can an unborn child inherit property from a grandparent who died before the child was born?

See also

• 4.2.1 The father is he whom the marriage indicates.
• 5.6.3 No one is heir to the living.